Ram Siromani Tripathi v. State of U.P.(SC),www.itatonline.org

S. 261 : Appeal – Supreme Court -Adjournment -An adjournment cannot be sought on the ground that Counsel is out of station-Opportunity was given to the counsel to argue the matter, however he could not argue the matter – The appeal was dismissed for non-prosecution-Court also observed that under no circumstances, application for restoration shall be entertained.

When the matter was called for hearing the counsel asked for an adjournment on the ground thatthe learned counsel for the appellants is not present in the Court today and it is stated that he is out of station. Court held that , this is no ground to seek  an adjournment. Accordingly the honourable court   rejected  the request for  an adjournment and  asked the learned counsel to argue the matter. However  he  submitted that he does not know anything about the case. In these circumstances, the honourable court  dismissed  the appeals for non-prosecution. Court also made it  clear that  since they have not found it to be a good ground for adjournment, under no circumstances, application for restoration shall be entertained. ( CA Nos. 9142-9144 of 2010, dt. 07.02.2019)